BILL ANALYSIS

C.S.H.B. 1433

By: Vo

Economic & Small Business Development

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties note that the Texas Workforce Commission (TWC) must begin collection actions to recover a contribution, a penalty, or interest from an employer under the Texas Unemployment Compensation Act before the expiration of the applicable statute of limitations and that, while the statute of limitations is suspended during the administrative appeal process to redetermine the liability for a contribution, a penalty, or interest pending before the TWC, the statute of limitations is not suspended for a judicial proceeding to redetermine such liability pending in a court of competent jurisdiction. C.S.H.B. 1433 seeks to address this issue by suspending the running of the statute of limitations during those proceedings.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1433 amends the Labor Code to establish that the statute of limitations applicable to the Texas Workforce Commission for the collection of a contribution, a penalty, or interest from an employer under the Texas Unemployment Compensation Act is suspended in a judicial proceeding to redetermine the liability for a contribution, a penalty, or interest pending in a court of competent jurisdiction.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 1433 differs from the original in minor or nonsubstantive ways by conforming to certain bill drafting conventions.